Commission Information Collection Activities (FERC-600); Comment Request; Extension
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Abstract
In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-600 (Rules of Practice and Procedure: Complaint Procedures), which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements.
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45411-45413]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15082]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC23-9-000]
Commission Information Collection Activities (FERC-600); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-600 (Rules of Practice and Procedure:
Complaint Procedures), which will be submitted to the Office of
Management and Budget (OMB) for a review of the information collection
requirements.
DATES: Comments on the collection of information are due August 16,
2023.
ADDRESSES: Send written comments on FERC-600 to OMB through
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>, Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB control number (1902-
0180) in the subject line. Your comments should be sent within 30 days
of publication of this notice in the Federal Register.
Please submit copies of your comments (identified by Docket No.
IC23-9-000) to the Commission as noted below. Electronic filing through
<a href="https://www.ferc.gov">https://www.ferc.gov</a> is preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions:
OMB submissions must be formatted and filed in accordance with
submission guidelines at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>; Using the
search function under the ``Currently Under Review field,'' select
Federal Energy Regulatory
[[Page 45412]]
Commission; click ``submit'' and select ``comment'' to the right of the
subject collection.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>. For user assistance,
contact FERC Online Support by email at <a href="/cdn-cgi/l/email-protection#690f0c1b0a06070500070c1a1c1919061b1d290f0c1b0a470e061f"><span class="__cf_email__" data-cfemail="04626176676b6a686d6a61777174746b767044626176672a636b72">[email protected]</span></a>, or
by phone at: (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#45012431240629202437242b262005030017066b222a33"><span class="__cf_email__" data-cfemail="f6b2978297b59a93978497989593b6b0b3a4b5d8919980">[email protected]</span></a> and telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (44 U.S.C. 3501 through 3521), the Commission published a notice on
March 22, 2023 in the Federal Register regarding FERC-600 (88 FR
17206). The notice sought public comment for a period of 60 days as to
the information collection's necessity; the accuracy of the estimated
burdens; the quality, utility, and clarity of the information to be
collected; and how to minimize the burden of the information collection
on those who are to respond. The comment period expired on May 22,
2023. No comments were submitted.
Title: FERC-600, Rules of Practice and Procedure: Complaint
Procedures.
OMB Control No.: 1902-0180.
Type of Request: Three-year extension without change of the current
information collection.
Abstract: In accordance with 18 CFR 385.206, any person may file a
complaint seeking Commission action against any other person alleged to
be in violation of ``any statute, rule, order, or other law
administered by the Commission, or for any other alleged wrong over
which the Commission may have jurisdiction.'' Paragraph (b) of section
385.206 states that a complaint must: (1) Clearly identify the action
or inaction which is alleged to violate applicable statutory standards
or regulatory requirements; (2) Explain how the action or inaction
violates applicable statutory standards or regulatory requirements; (3)
Set forth the business, commercial, economic or other issues presented
by the action or inaction as such relate to or affect the complainant;
(4) Make a good faith effort to quantify the financial impact or burden
(if any) created for the complainant as a result of the action or
inaction; (5) Indicate the practical, operational, or other
nonfinancial impacts imposed as a result of the action or inaction,
including, where applicable, the environmental, safety or reliability
impacts of the action or inaction; (6) State whether the issues
presented are pending in an existing Commission proceeding or a
proceeding in any other forum in which the complainant is a party, and
if so, provide an explanation why timely resolution cannot be achieved
in that forum; (7) State the specific relief or remedy requested,
including any request for stay or extension of time, and the basis for
that relief; (8) Include all documents that support the facts in the
complaint in possession of, or otherwise attainable by, the
complainant, including, but not limited to, contracts and affidavits;
(9) State whether the Enforcement Hotline, Dispute Resolution Service,
tariff based dispute resolution mechanisms, or other informal dispute
resolution procedures were used, or why these procedures were not used;
(10) State whether the complainant believes that alternative dispute
resolution (ADR) under the Commission's supervision could successfully
resolve the complaint; (11) State what types of ADR procedures could be
used; and (12) State any process that has been agreed on for resolving
the complaint; (13) Include a form of notice of the complaint on
electronic media suitable for publication in the Federal Register in
accordance with the specifications in 18 CFR 385.203(d); and (14)
Explain with respect to requests for Fast Track processing pursuant to
18 CFR 385.206(h), why the standard processes will not be adequate for
expeditiously resolving the complaint.
Any person filing a complaint must serve a copy of the complaint on
the respondent, affected regulatory agencies, and others the
complainant reasonably knows may be expected to be affected by the
complaint. Service must be simultaneous with filing at the Commission
for respondents. Simultaneous service may be accomplished by electronic
mail in accordance with 18 CFR 385.2010(f)(3), facsimile, express
delivery, or messenger.
Regulations at 18 CFR part 343 provide for additional procedures
and information collection requirements for protests and complaints \1\
that pertain to most carriers (i.e., oil pipelines) under the
Interstate Commerce Act.\2\ Two sections of Part 343 (i.e., sections
343.2(c)(1) and 343.2(c)(2)) apply to protests and complaints against
pipelines' increased proposed or established rates. Both of these
sections provide that protests and complaints must comply with 18 CFR
385.206, and require protestors and complainants to allege reasonable
grounds for asserting that an increased rate is so substantially in
excess of the pipeline's actual cost increases that it is unjust and
unreasonable. Alternatively, one of the regulations focused on rates
(i.e., 18 CFR 343.2(c)(1)) authorize protests and complaints to allege
that the challenged rate exceeds an applicable ceiling level.
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\1\ Protests apply to rates proposed by oil pipelines.
Complaints apply to established rates of oil pipelines.
\2\ The regulations at Part 343 do not apply to the Trans-Alaska
Pipeline or to any pipeline delivering oil directly or indirectly to
the Trans-Alaska Pipeline. See 18 CFR 342.0(b).
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A third section of Part 343 (i.e., section 343.2(c)(3)) addresses
complaints against a pipeline's operations or practices, other than
rates. Complaints under this regulation must allege reasonable grounds
for asserting that the operations or practices violate a provision of
the Interstate Commerce Act or violate a provision of the Commission's
regulations. Like the other two sections of Part 343 discussed above,
this section requires complaints to comply with 18 CFR 385.206.
Type of Respondents: Any person that files a complaint for
Commission review and resolution.
Estimate of Annual Burden: The Commission estimates the annual
public reporting burden \3\ and cost \4\ for the information collection
as shown in the following table.
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\3\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
\4\ The Commission staff expects that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon the Commission's 2022 average cost
for salary plus benefits, the average hourly cost is $91/hour.
[[Page 45413]]
FERC-600--Estimated Annual Burdens
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B. Annual number C. Total number D. Average burden hour E. Total annual burden
A. Number of respondents of responses of responses and cost per response hour and cost F. Cost per respondent
................ ................ (column A x column B).... (column C x column D)... (column E / column A)
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62.................................... 1 62 160 hrs.; $14,560........ 9,920 hrs.; $902,720.... $14,560
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Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
Dated: July 11, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-15082 Filed 7-14-23; 8:45 am]
BILLING CODE 6717-01-P
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